VidhiSangh

Supreme Court of India · 10/07/2024

MOHD. ABDUL SAMAD versus THE STATE OF TELANGANA & ANR.

[2024] 7 S.C.R. 1236 · 2024 INSC 506

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Summary

Section 125 CrPC remains available to a divorced Muslim woman notwithstanding the Muslim Women (Protection of Rights on Divorce) Act, 1986. In separate concurring opinions and a common order, the Court held that the remedies coexist at her option, subject to accounting for payments to avoid double benefit. The husband’s challenge to maintainability failed and the High Court’s interim-maintenance order was affirmed.

Issues

  1. Whether the 1986 Act excluded an independent Section 125 maintenance application by a divorced Muslim woman.
  2. Whether an election under Section 5 of the 1986 Act was a precondition to that application.
  3. How maintenance awarded or paid under different remedies should be reconciled.
  4. What remedies remain where a purported divorce is illegal under the 2019 Act.

Provisions considered

Held

Result

Appeal dismissed; High Court order affirmed. Common directions clarify the coexistence of Section 125, the 1986 Act and, for illegal talaq, the 2019 Act, with relevant payments accounted for under Section 127(3)(b).

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 1236.